This archive report was first published on 25 July 2019.
Employers in Kenya are being warned that breaching the rights of their househelps can come with costly penalties, following a string of recent court rulings.
According to the Employment Act, househelps are entitled to certain rights and protections, including fair compensation, reasonable housing, and the right to a hearing before being terminated.
However, many employers are unaware of these requirements and are often caught off guard when they are taken to court by their househelps.
One such case involved Mr. and Mrs. Birdi Singh, who employed a househelp from January 4, 2013, to April 11, 2014. The househelp was paid Sh8,000 per month, but the court ruled that this was below the minimum wage of Sh9,780 per month plus 15% house allowance, as required by law.
Employment and Labour Relations Court Judge Byram Ongaya ruled that the Singhs had breached the law by underpaying their househelp and ordered them to pay her salary arrears and lawyer's costs.
Mr. Singh argued that they had supported the househelp extensively, including giving her Sh200,000 to assist her relative who was a victim of the 2013 Westgate Shopping Mall terrorist attack. However, the court found that this was not a valid reason for underpaying the househelp.
Other court rulings have also highlighted the importance of following the correct procedure when terminating a househelp's services. For example, Labour Court Judge Linet Ndolo ruled that an employer must explain the reasons for termination to the househelp and give them an opportunity to defend themselves before the termination can be carried out.
Law experts are urging househelps to leave their jobs voluntarily when they become redundant, rather than waiting for their employers to terminate their services. However, they are also warning employers to comply with the law and follow the correct procedure when terminating a househelp's services.
As one judge noted, 'an employment relationship is terminable by either party, provided the party initiating the move complies with the law.'
